Jessica Firth-Brown
If your child turns 4 between 1st September 2024 and 31st August 2025 you will no doubt be thinking about where they should go to school next September.
It may seem a long way off but applications for primary school places in most counties close in mid-January. It is therefore important to start thinking about where you would like your child to go to school.
Agreeing which school your child should attend can often be a source of conflict for separated parents. It may be that you have been able to agree the arrangements for your child amicably since separation but when it comes to the school and the distance from where each of you live, you simply cannot agree.
If you were married at the time of your child’s birth or the Father or second female parent is named on the child’s birth certificate, you will share Parental Responsibility.
Parental Responsibility is the term used to describe all the duties and responsibilities parents have towards their children. When decisions are made about a child’s upbringing and welfare all those with parental responsibility must agree. This includes the decision about where your child should go to school.
You should never make an application for a school for your child without discussing it with their other parent. Even if you have an Order that your child lives with you. Many believe that having such an Order gives them ‘full custody’, this is not true. It is important to know that custody has not existed in the UK since 1989. Regardless of where your child lives and how much time they spend with their other parent, known as Child Arrangements, if they have Parental Responsibility you must always seek their consent.
What should I do if we can’t agree?
The most important thing to remember is that any decision you make should be done with your child/children being the centre of your decision making process.
In circumstances where you and your co-parent cannot agree on where your child should go to school the starting point is to seek advice from a family solicitor. Our specialist family law team at Sills & Betteridge can advise you on the most appropriate next steps based on your circumstances.
In many cases, a referral to mediation will be required. A mediator is an independent third party who can assist you in reaching an agreement. More can be found about mediation here.
If agreement cannot be reached it will be necessary for you to make an Application to the Court for a Specific Issue Order. A Specific Issue Order allows the Court to make a decision about a single issue that you and your ex parent cannot agree upon. Further information about different Orders available to separated parents can be found here.
An application to Court can take several months, it is therefore extremely important you start thinking about the arrangements for where your child will go to school as soon as possible.
Should you and your co-parent not be able to agree the arrangements for your children and you require any further advice or information then please contact Family Law Partner Jessica Firth-Brown on 07471 033407 or JFirth-Brown@sillslegal.co.uk. We offer a 60 minute Preliminary Advice Meeting via telephone followed up by a full letter of advice for £180 plus VAT.
Photo by Alexander Dummer on Pexels.